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Privacy Policy & Terms of Use Agreement

PRIVACY POLICY

The Web sites of the Day Publishing Company (DPC), which includes The Day, theday.com, zip06.com, Times Community News Group and Shore Publishing, are covered by the policies herein.

If you have questions or concerns regarding this statement, you should contact The Day Publishing Company at readerrep@theday.com.

This privacy statement covers only information that is collected through this Web site, and does not cover information that may be collected through software downloaded from the site.

When does The Day Publishing Company collect my personally identifiable information?

When you register for one of The Day Publishing Company's sites, or for services on any of our sites, we collect personally identifying information from you. During registration you are asked to provide your e-mail address, location, and some demographic information including gender and date of birth. The more information you provide, the better we are able to customize our services and your experience to suit your needs and preferences. In addition to registration, we may collect personally identifiable information from you when you enter contests and sweepstakes (which may be done in conjunction with site registration), participate in promotions and special programs, register for premium or customized services, make a purchase at one of our merchants or partners, subscribe to one of our print publications, or download a software product or plug-in.

If you are making a purchase or enrolling in a premium service for which there is a fee, we, or a third party working in partnership with us, will collect your credit card, billing address, and other verifying information. In addition, we may collect personally identifiable information from you when you provide content to us for display or use on one or more of The Day Publishing Company's sites, including but not limited to, when you participate in discussions and forums, write blogs or articles, post comments, submit classified listings, post photos or videos, report a problem with one of our sites or services, or submit a letter to the editor. If you use our referral service ("AddThis") to tell a friend about an article our site, we will ask for your e-mail address and theirs. We automatically send a one-time e-mail to the address you provided. Neither your e-mail address nor the e-mail address you provide is stored or used for any other purpose.

How is my personally identifiable information used?

Our main goal is to provide you with a customized and more relevant experience on The Day Publishing Company's sites. We review our users' preferences, demographics, traffic patterns, and other information in aggregate so that we can better understand who our audience is, and what it is you want. Tracking user preferences also helps us provide more relevant advertising. Please note that we do not share your personally identifying information with the advertiser.

We use a third party to serve ads when you visit our site. This third-party ad server may use certain information about your visit to our site in order to provide advertisements about goods and services that may be of interest to you, but they are not allowed to collect or use personally identifiable information about you for their own purposes.

The DPC does not directly handle online transactions, but we work with third-party partners who do. These partners require that all credit card information be transmitted in an encrypted form, using SSL (secure socket layer) encryption, the industry-standard. These partners follow generally accepted industry standards to protect the personal information submitted to them, both during transmission and once they receive it.

The e-mail address provided by you at registration, or as updated, may be used by The Day Publishing Company and its affiliated entities, to contact you for any reason, including: (1) Your account status (including an e-mail confirmation of registration), (2) Major changes to the Web site, the Terms of Use and Privacy Policy, (3) Participation in user surveys, asking for feedback on the Web site and (4) notifying you of existing or prospective products and services offered by us or our advertisers and partners. This information helps us to improve our Web site.

To update your personal information such as name, or e-mail address, you can sign into your account and visit the My Settings page.

If you opt-in to a third-party offer on this site, then your relationship with the third party will be governed by their respective Privacy Policies. If you no longer wish to receive communication from the third party, then you will need to contact them directly to opt-out. When you use some third-party services on this site, such as coupons or to search a business, you will be taken to a co-branded site which may appear to be a DPC Web site; however, if the third party is collecting information from you, the use of this information is governed by the co-branded partner's privacy policy.

The following is a listing of third parties - and their respective privacy policies - that have business relationships with The Day Publishing Company:

What other information does Day Publishing Company collect and how is it used?

Cookies. The Day Publishing Company uses cookies to store and track your preferences to deliver a more personalized user experience. A cookie is a message that is sent to your browser from a Web server and stored on your computer's hard drive. Most Internet sites use cookies. You can set your browser preferences to reject all cookies but then you will not be able to participate in most customized services, and you may be required to repeatedly log in to participate in various services, promotions, or product offerings. Cookies make your experience easier by saving your preferences and passwords.

We also use cookies that contain no personal information at all. These cookies, help us estimate our audience size, determine which areas of The Day Publishing Company's sites are the most popular, and serve targeted advertising. Third-party advertisers and our ad server may set and access their cookies on your computer in accordance with their own privacy policies. If you would like more information about the use of cookies by our third-party ad server and your ability to opt out of receiving cookies from this third party, please visit this site: info.yahoo.com.

Some parts of DPC Web sites use cookies to collect information about visitors' use of the Web site and to facilitate return visits. Information collected about user activity may be done in partnership using a third-party tracking tool. The information collected from cookies is tracked to enhance security and to improve the functionality of the Web site by avoiding duplicate data entry, facilitating navigation, and increasing the relevance of content. Cookies on the site may collect the following information: a unique identifier, user preferences and profile information used to personalize the content that is shown, and membership information to access the site's services. Some cookies used by DPC Web sites may remain on the user's computer after they leave the Web site.

Most browsers can be configured to reject cookies or alert you when cookies are being sent. Keep in mind that if you refuse cookies, it is possible that some portions of The Day Publishing Company's sites may not function exactly as intended.

IP Address. The Day Publishing Company may also collect IP addresses for the purposes of systems administration or to report information in aggregate form to our advertisers (i.e. how many visitors logged in to a Day Publishing Company site). An IP address is a number that is assigned to your computer automatically when you use the Internet. When you visit a particular Day Publishing Company Web page, our servers log your IP address. Your IP address is not linked to anything personally identifiable.

With whom does The Day Publishing Company share information?

User information is shared within Day Publishing Company to provide you with a more integrated and customized user experience. We will not disclose your personally identifiable information to third parties except (1) to the extent necessary to provide you with a requested product or service, or (2) to provide targeted promotional offers during the registration process. If you do not accept any of the offers, your information will not be retained by our registration offers partner.

To the extent you are notified of uses of your personal information which are different from those described in this Policy Statement during your enrollment in any particular service, sweepstakes, contest or promotion, the uses of which you are specifically notified will govern that service, sweepstakes, contest or promotion. We may co-sponsor some contests on our site with other companies. If you enter one of these contests, our co-sponsor may receive the information collected. In such cases, we will tell you who the co-sponsor is and notify you the use of this information is governed by the co-sponsor's privacy policy.

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.

What else should I know about my privacy?

You should be aware that if you voluntarily disclose personal information online in a public area, that information may be collected and used by others. We do not control the actions of our visitors and registered users. If you disclose personal information in a forum, discussion, comment posted to story or any other publicly accessible place on Day Publishing Company sites, you do so at your own risk and you understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes.

This Web site contains links to other sites that are not owned or controlled by Day Publishing Company. Please be aware that we, Day Publishing Company, are not responsible for the privacy practices of such other sites.

We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.

This privacy statement applies only to information collected by this Web site.

About our Ads

The Day Publishing Company participates in the APT from Yahoo! platform and Yahoo! is an ad network partner to display ads on our sites. To improve your ad experience on The Day Publishing Company Web sites and elsewhere on the Internet, we may send non-personal information to Yahoo! based on your browser's activities, such as type of pages viewed and categories of interests, so that the advertising you see is relevant to you. Yahoo! also may use information regarding its own users to select which ads to display. Learn more about Yahoo!'s ad practices, including how to opt out of using anonymous information to select which ads to show you. Yahoo! is a member of the Network Advertising Initiative.

Third-party advertising companies may be used to serve ads when you visit DPC Web sites. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest. If you would like more information about this practice and/or to know your choices about not having this information used by these companies, visit this site: networkadvertising.org/consumer/opt_out.asp

PRIVACY PROTECTION FOR CHILDREN.

In compliance with the Children's Online Privacy Protection Act (COPPA), we will not knowingly provide access to The Day's Publishing Company sites to persons under the age of thirteen (13). If The Day Publishing Company later learns that any registered user is under the age of thirteen (13), we will take appropriate steps to remove the member's information from the database and we will restrict this individual from future access to The Day Publishing Company's sites. We feel strongly about protecting the privacy of children. We encourage kids to involve their parents in any interactive activity they participate in online. Except where otherwise disclosed, we will not collect or use any personal information from children we know to be under the age of thirteen without obtaining express parental consent. All general information collected from users under the age of 13 is used only for aggregate statistical analysis.

Acceptance of Privacy Policy.

By using The Day Publishing Company's sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of The Day Publishing Company's sites. We reserve the right, to modify this Privacy Statement at any time. If we materially change how we use your personal information we will notify you either by e-mail or through a prominent notice on the Web site. Your continued use of any portion of The Day Publishing Company's sites following notification or posting of such changes, will constitute your acceptance of those changes. If you have questions or concerns about our specific policies, please contact us at readerrep@theday.com.

 


 

TERMS OF USAGE AGREEMENT

General Rules and Definitions

If you choose to use the Day Publishing Co.'s Web sites, you will be agreeing to abide by all of the terms and conditions of this Agreement between you and The Day Publishing Company (DPC), which includes The Day, theday.com, zip06.com, The Times Community News Group, Shore Publishing and any other affiliated companies and publications, licensors and suppliers.

DPC may change, add or remove portions of this Agreement at any time.

YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

DPC may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. DPC may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Content

The contents of DPC's Internet service are intended for your personal, noncommercial use. All materials published by the DPC (including, but not limited to, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by DPC or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws.

You may not republish any portion of the Content on any Internet, intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through DPC, not to insert any code or product or manipulate the content of DPC in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.

Requests to use Content for any purpose other than as permitted in these Terms of Service should be directed to Managing Editor Tim Cotter at t.cotter@theday.com.

In certain cases, you may be able to use individual stories through online functionality DPC has specifically designated (i.e., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the Content you may use or you will see a link in the Content itself.

Certain Content is furnished by the Associated Press or other wire services, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.

User Content Representations and Warranties

By placing material on DPC Web sites, including but not limited to posting content or communications to any forum, discussion, article or blog, or posting text, images, audio files or other audio-visual content to the site ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; and, (2) the User Content will not cause injury to or libel any person or entity.

You agree not to post in a manner than emulates, purports or pretends to be someone else. Under no circumstances are readers posting to DPC Web sites to knowingly use the name or identity of another person, whether that is another reader on this site, a public figure, celebrity, elected official, etc. DPC also reserves the right to pull postings from handles which themselves might be considered objectionable.

You agree not to have multiple personalities on DPC Web sites commenting features. Each reader may have only one log-in, with the exception of individuals representing businesses or organizations. These individuals may have one personal account and one business-related account. If you would like to change screen names, please e-mail DPC. Usage of multiple log-ins will result in DPC removing your posting privileges under any screen name.

User Content License

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you hereby grant DPC, without compensation to and/or permission from you, a royalty-free, perpetual, non-exclusive, unrestricted, irrevocable, wordwide license to: use, preserve, republish, reproduce, publicly perform, modify, translate, archive, store, copy, sublicense, adapt, transmit, publicly display and/or create derivative works from any such communication. This license shall include the right to exploit any proprietary rights in such communication, including without limitation rights under copyright, trademark, servicemark or patent laws.

User Content Screening and Removal

You acknowledge that DPC and/or its designees may or may not pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block or refuse any User Content for any reason, including without limitation that such User Content violates these Terms of Service or is otherwise objectionable.

User Content Assumption of Risk

DPC cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to DPC is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you provide. To protect your safety, please use your best judgment when using DPC Web sites. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any forum, discussion, blog or article, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you.

User Content Posting Rules

Any decisions as to whether User Content violates any posting rule will be made by DPC in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following posting rules. Violators may be banned.

Do not provide User Content that:

Unsolicited Material and Ideas

DPC is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to DPC. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against DPC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent.

Transactions and E-Commerce

During your visit to DPC Web sites you may elect to engage in a transaction involving the purchase of a product such as a print or online advertisement or other tangible goods and services. Credit card transactions and order fulfillment are often handled by a third-party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. DPC cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.

Errors in Advertisements

On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree DPC is not responsible for such errors or discrepancies.

Notice of Intellectual Property Infringement

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of DPC, in appropriate circumstances, to terminate the registration account of a member who is deemed to infringe third-party intellectual property rights or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on DPC Web sites, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of your copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material you claim is infringing is located on the site (providing us with Website URL is the quickest way to help us locate content quickly);
  4. your address, telephone number, and e-mail address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

DPC copyright agent can be reached as follows:
Copyright Agent, The Day Publishing Company, 47 Eugene O'Neill Drive, New London, CT 06320

ACCESS AND AVAILABILITY OF SERVICE AND LINKS

DPC Web sites contain links to other related World Wide Web Internet sites. Since DPC is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or webmaster of such site.

REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant (a) that no materials of any kind submitted through any current or future account(s) will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least 13 years old. You hereby agree to indemnify, defend and hold harmless The Day Publishing Company and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as required in the defense of any such claim. DPC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

The Day Publishing Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, posted or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

Registration

Registration is not required to view certain Content. However, you are required to register if you wish to post a comment, write a blog or article or upload a video or photograph. If you become a Registered Member of a DPC Web site, you accept responsibility for all activities that occur under your Registration Account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of DPC Web sites if individuals from more than one household access DPC Web sites using any single Registration Account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access DPC Web sites using your name in whole or in part without our permission. If you believe someone has accessed a DPC Web site using your Registration Account and password without your authorization, e-mail DPC immediately at webadmin@theday.com.

FEES AND PAYMENTS

DPC reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time DPC requires a fee for portions of the Service that are now free, DPC will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by DPC or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.

TERMINATION

You may terminate any of your current and/or future accounts at any time by sending e-mail to: closewebaccount@theday.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 24 hours. You are responsible for all charges incurred up to the time the account is deactivated. DPC may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.

"Limitation of Liability. IN NO EVENT IS THE DAY PUBLISHING COMPANY LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR ACCESS OR USE OF, OR THE INABILITY TO USE, THE SERVICES ON theday.com. YOU HEREBY WAIVE ANY SUCH CLAIMS AGAINST THE DAY PUBLISHING COMPANY AND RELEASE THE DAY PUBLISHING COMPANY FROM ALL LIABILITY ARISING OUT OF SUCH CLAIMS."

"Indemnity and Release. You agree to release, indemnify, defend and hold harmless THE DAY PUBLISHING COMPANY and its directors, employees, agents, attorneys, successors, officers and assigns, from any and all suits, losses, claims, third-party claims, demands, liabilities, costs and expenses (including attorneys' fees and costs) that THE DAY PUBLISHING COMPANY may sustain or incur, directly or indirectly, arising from or out of: (i) your failure to comply with any applicable Federal and/or State laws, statutes, ordinances and/or regulations and/or your violation of the rights of another; (ii) your breach of any of its obligations set forth in these terms of usage; or (iii) your use or misuse of theday.com. THE DAY PUBLISHING COMPANY reserves the right to assume the defense and control of any matter subject to indemnification by you. YOUR RELEASE AND INDEMNIFICATION OBLIGATIONS SET FORTH HEREIN SHALL SURVIVE YOUR TERMINATION FROM AND/OR DISCONTINUED USE OF DPC Web sites."

MISCELLANEOUS

This Agreement has been made in and shall be construed and enforced in accordance with Connecticut law. Any action to enforce this agreement shall be brought in state courts located in New London, CT, or federal courts located in the state of Connecticut.

Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt The Day's Privacy Notice.

To contact DPC, please use the following address:

The Day Publishing Company
47 Eugene O'Neill Drive
New London, CT 06320

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